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Trusts Wills

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Bowditch & Dewey

Remember to Adjust Your Estate Plan During or After a Divorce

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Married couples often have wills naming one another as their primary beneficiary. People also often name their spouse as beneficiary of retirement accounts and life insurance policies. Upon commencing a divorce action,...more

Saiber LLC

Empower Your Parents & Secure Their Legacy

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No matter how much planning you do, you can never be too prepared to face the future of caring for your aging parents. While it may not be the most comfortable topic, having an open and honest discussion allows you to...more

Charles E. Rounds, Jr. - Suffolk University...

Whether an equitable power of appointment incident to a trust relationship is “in gross” or “collateral”: The practical...

Section 17.3, comment f, of the Restatement (Third) of Property (Wills and Other Donative Transfers) explains the difference between a collateral power of appointment and a power of appointment in gross: “In traditional...more

Bowditch & Dewey

Key Estate Planning Adjustments to Make After Your Spouse Passes Away

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The period after a spouse passes away is an emotional time of mourning. However, there are a handful of estate planning adjustments that you should make to protect your estate under the new conditions....more

Kohrman Jackson & Krantz LLP

Are You Ready for National Make-a-Will Month? Ten Essential Questions You Need to Answer

August is “National Make-a-Will” Month, the perfect opportunity to seriously consider your estate plan. Many delay this crucial task due to common misconceptions about what an estate involves. Here, we delve deeper into what...more

Foster Swift Collins & Smith

Legal-Ease: What is the Downside of DIY Estate Planning?

Dear Jonathan: I am thinking about preparing my own estate planning documents, including a will, powers of attorney and a trust. A close friend of mine just went through this process and it cost her thousands of dollars and I...more

Foster Swift Collins & Smith

Legal-Ease: Steps for When a Loved One Passes Away - Part Two

This is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral...more

Foster Swift Collins & Smith

Legal-Ease: Steps for When a Loved One Passes Away - Part Three

This is my third and final article addressing what needs to be done after a person passes away. Part 1 addressed what a person needs to do prior to the decedent’s funeral. Part 2 addressed those things that don’t typically...more

Rivkin Radler LLP

Trust Beneficiary Engages In Like Kind Exchange Using Trust Property

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It is a basic principle of the income tax that the gain or loss realized by a taxpayer from the conversion of property into cash, or from the exchange of property for other property that differs materially in kind from the...more

Pillsbury - Propel

Estate Planning for Founders – Part I: The Core Estate Plan

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This is the first of a four-part series focusing on estate planning for founders. In this series we will cover why, as a founder, you need an estate plan. The right planning can save your family significant sums of money in...more

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

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Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...more

Charles E. Rounds, Jr. - Suffolk University...

Uniform Trust Code (UTC) and Uniform Voidable Transactions Act (UVTA) could be better coordinated in the Domestic Asset...

In a Sept. 11, 2023 JDSUPRA posting I questioned the doctrinal and practical utility of partial legislative codifications of equity’s principles-based jurisprudence, such as the UTC, the very institution of the trust being a...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, May/June 2024

Sharing is caring - How much should you tell your loved ones about your estate plan? After you’ve created your estate plan, it’s important to consider how much information you should disclose to your loved ones about...more

Mandelbaum Barrett PC

Legacy Planning for Family Businesses: Transitioning with Ease

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In the heart of every family-owned enterprise lies a story of hard work, dedication, and a vision for the future. These businesses not only represent a significant portion of the economy but also embody the legacy of...more

Lowenstein Sandler LLP

Death and Dirt: Addressing the Injustices of the Past in Heirs Property

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Today on “Splitting Heirs,” host Warren Racusin speaks with Molefi McIntosh and Mavis Gragg about the “heirs’ property problem--” or what happens to real estate when it is passed down within families without benefit of a...more

Lippes Mathias LLP

Testamentary Guardianship: Safeguarding Your Child's Future Through Estate Planning

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Guardians are a type of fiduciary appointed for a minor child or individual determined incapacitated by the courts. When appointed by a Last Will and Testament (“Will”), they are commonly known as testamentary guardians....more

Burns & Levinson LLP

Spring Cleanout – What Happens to Your Personal Property When You Die?

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When someone passes away, their family members are often left responsible for handling the decedent’s property – both real and intangible. Many difficulties come with handling the decedent’s intangible property, such as bank...more

Newburn Law

Agricultural Estate Planning: Securing Your Land's Future

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In the world of farming and ranching, ensuring your land's future is vital. That's where agricultural estate planning comes in. It's all about smoothly transitioning your farm or ranch to the next generation, maintaining its...more

Amundsen Davis LLC

Navigating the Future: Essential Steps for Estate Planning After the Loss of a Loved One

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Death is never an easy subject to discuss. No matter how many times it touches our lives, it never gets any easier. Every time a loved one is taken from us, the pain is fresh, and it lasts. Coupled with the pain is the stress...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting

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Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited...more

Mandelbaum Barrett PC

Understanding Estate Planning: Are Wills Public Record? – Your Questions Answered

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Exploring the Visibility of Wills: Understanding Public Record in Estate Planning - Wills serve as vital documents outlining the distribution of finances, possessions, and property after an individual’s passing. It’s common...more

BakerHostetler

Next Generation Legacy Management - The Essence of Developing, Managing and Implementing a Plan for Future Generations

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BakerHostetler has introduced a revolutionary breakthrough in the age-old art of estate planning. FinClar (short for financial clarity) is a proprietary digital experience offering transformative legacy management to highly...more

Warner Norcross + Judd

Michigan Court of Appeals Clarifies Legal Standards for Interpreting Trust Agreements

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Two recent cases out of the Michigan Court of Appeals address the legal standards for interpreting a trust agreement. In re Larry Berman Revocable Living Trust, Docket No. 364315 (Feb. 1, 2024); In re Thomas J. and Carol A....more

Dunlap Bennett & Ludwig PLLC

Why You Need A Will In Washington State

The estate-planning process can be stressful and unpleasant. Many people put drafting a will off because they don’t want to think about leaving their loved ones behind. In some cases, people think they don’t need an estate...more

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